Pune: Flat-owners' group to submit bill for equal rights in society laws

With Pune fast becoming known as a city for builders, a group of housing societies have banded together to avoid misuse and introduce reforms in the Maharashtra Apartment Ownership Act, 1970 which allegedly favours developers. Called the Maharashtra Societies Welfare Association (MSWA), the group has decided to submit a private bill before the Assembly in the coming winter session and has already approached Rashtriya Samaj Paksha (RSP) MLA Rahul Kool, who will table it.

The bill demands a provision in the Act which will restrict the developer from registering one-sided deeds of declaration. Residents have also demanded that the deed of declaration of an apartment shall happen only after 61 per cent of flats are sold and with the mandatory consent of apartment owners.

The bill also demands a provision in the Act by which the majority of apartment owners will have the right to change the status from ‘apartment’ to ‘housing society.’

Kool, an MLA from Daund, has already corresponded with Chief Minister Devendra Fadnavis over the matter.

At present, as per the Act, the developer registers the deed of declaration before the deputy registrar of the department of co-operation without any consent from flat-owners.

Developers allegedly take advantage and establish their rights on open spaces, parking, terraces and increased Floor Space Index (FSI).

Once the deed of declaration is registered as an apartment, the flatowners lose their chance to change the status. Several times, they are forced to knock on the doors of the civil court, which is both time-consuming and hectic.

Speaking to Mirror, Yuvaraj Pawar, president of the Pune branch of MSWA, said, “We need a law which provide rights to flat-owners. The Act gives exclusive powers to the developers who then take advantage of the situation to earn profits. They don’t allow the owners to take benefit of the FSI in case of development.”

“There have been many judgments by the Bombay High Court (HC) in favour of flat-owners, where the court has allowed them to form a housing society. But, this bill will help to create a law. We wanted to make the procedure easier if flat-owners want to change the status from apartment to society. The one-sided deed of declaration must be cancelled if the majority of flat-owners give consent,” added Pawar.

Another member, Arun Kumar Nair, said, “The deed of declaration should not occur without the consent of the owners. This should not be allowed till 61 per cent of flats have been sold.” “A number of apartment-owners from the city are now making rounds of the court to convert their apartments into a registered housing society.

But, the developers using delaying tactics and making multiple appeals to keep the issues in limbo for years. This new bill will help to make the procedure easier,” claimed Nair.

When contacted, MLA Kool said, “I have urged the CM to consider the private bill on a priority basis in the coming assembly session which will start in November. The developers take advantage of provisions in the law, register a one-sided deed of declaration and loot the flat-owners. The latter must have the right to choose their own options.”

“We also demanded that apartments be included in the proposed separate department which will be created exclusively to deal with issues regarding housing societies,” added Kool.